United States District Court, W.D. Arkansas, Western Division
DOYLE E. TULLOS PLAINTIFF
v.
BIOMET, INC., et al. DEFENDANTS JOHNNY LUCAS PLAINTIFF
v.
BIOMET ORTHOPEDICS LLC, et al. DEFENDANTS GARY SANDEN and SUSAN SANDEN PLAINTIFFS
v.
BIOMET, INC., et al. DEFENDANTS DILLARD SHERRILL and PATRECA M. SHERRILL PLAINTIFFS
v.
BIOMET ORTHOPEDICS LLC, et al. DEFENDANTS VALENA HONEYCUTT PLAINTIFF
v.
JOHN CUCKLER, M.D., et al. DEFENDANTS
ORDER
D.P.
Marshall Jr. United States District Judge
By
agreement of the parties, the Protective Order entered in the
MDL, Exhibit C to No. 242 in No. 3:12-md-2391, which
is attached to this Order, is entered -as amended -in all
these cases. The amendments: (1) disputes must be handled
pursuant to this Court's procedure, which will be in the
Final Scheduling Order; (2) if practicable, parties must
redact confidential information and file papers on the public
docket rather than under seal, Fed.R.Civ.P. 5.2; (3) the
Protective Order shall remain in effect for one year after
the end of all litigation in these five cases, including any
appeal; thereafter, the obligations in this Protective Order
shall continue but shall be solely a matter of contract among
the parties, their lawyers, and signatories; and (4) the
"and/or" in paragraph 6(g) is corrected to
"or''
So
Ordered.
EXHIBIT
C
UNITED
STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND
DIVISION
IN RE:
BIOMET M2a MAGNUM HIP IMPLANT PRODUCTS LIABILITY LITIGATION
(MDL 2391)
This
Document Relates to All Cases
No.
3:12-md-2391
Robert
L. Miller, Jr. Judge
STIPULATED
PROTECTIVE ORDER OF CONFIDENTIALITY
It
appearing that certain information, documents, and things of
the parties subject to discovery in the above-captioned
action is likely to involve the disclosure of confidential
information, including by way of example and not limitation,
financial, marketing, technical, licensing, research and
development and other commercial information (hereinafter
referred to as "Confidential Information"), that
the parties reasonably believe to comprise sensitive and
valuable information whose disclosure could cause a party
competitive harm:
IT IS
HEREBY STIPULATED by the attorneys for the parties, and
approved by the court, that pursuant to Federal Rule of Civil
Procedure 26(c)(1) and Federal Rule of Evidence 502(d):
1. This
Stipulation and Protective Order shall apply to all
information, documents, and things subject to discovery in
this action, including, without limitation, testimony adduced
at depositions upon oral examination or upon written
questions pursuant to Rules 30 and 31, information and
documents produced in response to Fact Sheets, answers to
Interrogatories pursuant to Rule 33, documents produced
pursuant to Rule 34, information obtained from inspection of
premises or things pursuant to Rule 34, and answers to
requests for admission pursuant to Rule 36. This Protective
Order supersedes all prior orders entered in actions in MDL
No. 2391 prior to their transfer to the MDL and governs
discovery that has already been produced and discovery to be
produced in the future.
2. Any
party to this litigation and any third-party shall have the
right to designate as Confidential Information subject to
this Order any information, document, or thing, or portion of
any document or thing that contains: (a) trade secrets,
competitively sensitive technical, marketing, licensing,
research and development, financial, sales or other
proprietary or confidential business information; (b) private
or confidential personal information; (c) information
received in confidence from third parties; or (d) information
that the producing party otherwise believes in good faith to
be entitled to protection under Rule 26(c)(1)(G) of the
Federal Rules of Civil Procedure. Any party to this
litigation or any third-party covered by this Order, who
produces or discloses any Confidential Information,
including, without limitation, any information, document,
thing, interrogatory ...